nmb bank plc vs mexon japhta sanga another 2023 tzca 17903 29 november 2023

nmb bank plc vs mexon japhta sanga another 2023 tzca 17903 29 november 2023

The appeal is incompetent because the High Court's ruling on the preliminary objection is interlocutory and does not finally determine the rights of the parties, thus barred by section 5(2)(d) of the Appellate Jurisdiction Act. No exceptional circumstances exist to invoke revisional jurisdiction.

Citation
nmb bank plc vs mexon japhta sanga another 2023 tzca 17903 29 november 2023
Parties
Appellant: NMB Bank PLC; 1st Respondent: Mexon Japhta Sanga; 2nd Respondent: Mexons Energy Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 November 2023
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Appealability of Interlocutory Orders, Res Sub Judice, Revisional Jurisdiction
Source Language
English
Civil Procedure Appellate Practice Appealability of Interlocutory Orders Res Sub Judice Revisional Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

NMB Bank PLC

Appellant

Mexon Japhta Sanga

1st Respondent

Mexons Energy Limited

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is competent in light of section 5(2)(d) of the Appellate Jurisdiction Act
  2. 2 Whether the High Court's ruling on preliminary objection is appealable
  3. 3 Whether exceptional circumstances exist to invoke revisional jurisdiction

Ratio Decidendi

The appeal is incompetent because the High Court's ruling on the preliminary objection is interlocutory and does not finally determine the rights of the parties, thus barred by section 5(2)(d) of the Appellate Jurisdiction Act. No exceptional circumstances exist to invoke revisional jurisdiction.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out with costs.